Court blocks Florida’s welfare drug testing law 1 - Florida Independent

Pic by micahb37, via Flickr

A United States court in Orlando has granted Luis Lebron and the American Civil Liberties Union of Florida an injunction against the new state law requiring welfare applicants to be drug tested, temporarily blocking it in the state.

The order (.pdf) reads:

Based on the foregoing, Plaintiff’s Motion for Preliminary Injunction is GRANTED. It is therefore ORDERED that the State is hereby ENJOINED from requiring Plaintiff to submit to a suspicionless drug test pursuant to Section 414.0652, Florida Statutes, as a condition for receipt of TANF benefits until this case is finally resolved on the merits. This Order does not address whether Florida is authorized to conduct drug testing of TANF applicants based on some quantum of individualized suspicion, an issue not before the Court.

Maria Kayanan, associate legal director at the ACLU of Florida and lead counsel in the case, says, “I’m delighted for our client and delighted to have confirmation that all of us remain protected from unreasonable, suspicionless government searches and seizures,” according to a press release from the group.

Lebron is the lead plaintiff in the lawsuit filed against the state of Florida over the drug testing law. A Navy veteran and single father, Lebron was denied temporary assistance benefits he was otherwise qualified for because he refused to waive his Fourth Amendment rights and submit to a drug test.

Despite the uncertainty surrounding the implementation of the new law, the measure has voter support.

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